Microsoft Sues Comet Over Windows 'Piracy'

The_Safordian

StumpyPumpy wrote: »

Did anyone ever answer this for you? Apologies if they did but I got bored reading the thread, but as the answer is easy, I'll tell you: yes you were wrong and in breach of the OEM license agreement.

This quote below is from the System Builder's Licensing FAQ, (my highlights) but trust me it applies to your circumstance too - just think of yourself as both the "customer" and System Builder. (Yes, I do know. No, I don't want to get into a p!ssing contest about how I know.)

HTH

SP

It contradicts itself,

because the software is licensed to the customer for use on that PC by that OEM

I have the OEM licence

OEM System Builder media to reinstall the operating system

There one of the same, Microsoft make sure OEM serials work on OEM media

A customer who doesn't have a backup copy of the software for reinstallation will need to contact the original OEM and request replacement recovery media; you can use that media to reinstall the operating system on that machine.

You cannot make bootable USB memory sticks with recovery media which would mean I do not have a means of installing it, would you suggest magic perhaps ?

Oh and I think you'll find most of those shops in the street that fix computers will use their own OEMs if a reinstall is needed including me...................again with valid licences

The_Safordian

usignuolo wrote: »

(And System Restore on XP is broken BTW).

I always disable that, it fragments the HDD and viruses can and do hide in it

The_Safordian

rmg1 wrote: »

Just to add my (in)experience to this debate, how do you download the drivers if your only machine is FUBAR?
When was the last time any new PC/laptop came with any discs?

Well I built my last two computers (Drivers included of course) but the Notebook was second hand however that did include a driver CD, asus.

Most manufacturer websites include drivers too

prowla

I think that all computers should be provided with a mechanism for doing a bare-metal restore, which in most cases would be a set of OS media.

Now, I recently had to rebuild a laptop where the recovery partition was corrupted, and thus unusable. I downloaded an OS image but couldn't get it to install (actually I tried several of them). So I called Microsoft support and a very helpful chap there sorted it out for me, including remotely logging into the machine and re-jigging the licencing. But I would have much rather preferred to have been supplied with a set of install media by the manufacturer.

In my opinion, Comet appear to have been offering a service to customers to allow them to purchase a set of media that they would otherwise not be able to get, and to me £15 seems reasonable (certainly not £1.50), and I would guess that any "profits" are minimal from that. I know there is a general stance against Comet's customer services here, but in this case I don't think it stands up.

As far as I can tell, every copy of the software had an associated licence and right to use, so there was no revenue lost.
But it appears that the issue is that they did not have a licence to replicate the software.
So it looks like it is a technicality to me.

RobTang

The_Safordian wrote: »

It contradicts itself,

I have the OEM licence


There one of the same, Microsoft make sure OEM serials work on OEM media

From a licencing point of view its not the same, just because it works doesn't mean you are in compliance with your licence.

When you downloaded and installed windows you agreed to an EULA which your licence was not valid for.

The_Safordian wrote: »

You cannot make bootable USB memory sticks with recovery media which would mean I do not have a means of installing it, would you suggest magic perhaps ?

The media itself is supposed to be bootable, it is not within it's scope for you to "make" anything with it. If I needed another computer or indeed anything else to use the recovery media it would be pretty pointless for the majority of consumers.

There is no reason why the recovery media itself cannot be a USB key, all of the recent creator programs I have used allowed the creation of bootable USB keys. Ive never had the pleasure of actualy buying it from the oem but I assume they wont be stupid enough to send you a cd, if your model doesn't have a drive.

The_Safordian wrote: »

Oh and I think you'll find most of those shops in the street that fix computers will use their own OEMs if a reinstall is needed including me...................again with valid licences

Just because a practice is widespread and tolerated does not mean it is legal.

Having a valid licence does't mean its valid for the version of windows you are installing, even if activation works.

debitcardmayhem

I think that all computers should be provided with a mechanism for doing a bare-metal restore, which in most cases would be a set of OS media...snipped....

Yes , but of course I personally had two versions of Windows 7 Pro (retail) , which I used on two of my own PCs, when I wanted a new laptop I wanted a true bare bones system ie Hardware only, so I could (re)use one of them. So my choice was limited to buying one from a few system makers that sell without O/S installed, needlessly to say I chose one of those (novatech, which came with a drivers disk only) , installed my copy of 7 , restored the other back to it's original Vista (urrrgh) and gave it away. I wouldn't expect a restore disk from them(the manufacturers) nor a disk containing a non-existant recovery system. But I then created a repair disk(iso) and system backup(also iso) of the clean system, using Windows backup, and being the sort of non IT Professional I am I also then reformatted the HDD and restored the lot.

The_Safordian

prowla wrote: »

downloaded an OS image but couldn't get it to install (actually I tried several of them).

Was the image OEM or RTM?

prowla wrote: »

In my opinion, Comet appear to have been offering a service to customers to allow them to purchase a set of media that they would otherwise not be able to get, and to me £15 seems reasonable (certainly not £1.50), and I would guess that any "profits" are minimal from that. I know there is a general stance against Comet's customer services here, but in this case I don't think it stands up.

The point is the OS has already been paid for so Comet shouldn't have been making a profit on these, over £1 million!

prowla wrote: »

As far as I can tell, every copy of the software had an associated licence and right to use.

Agreed and people forget that no one actually owns their copies of Windows anyway, they just have a Licence to use it so as you say they have a right to a backup

The_Safordian

RobTang wrote: »

From a licencing point of view its not the same, just because it works doesn't mean you are in compliance with your licence.

The Licence is to use whatever version of Windows it comes with, you might be happy for them to have it anyway they like but not everyone is.

Oh and in the States you are allowed to backup copies

prowla wrote: »

When you downloaded and installed windows you agreed to an EULA which your licence was not valid for.

Yes I did, on the OEM I downloaded with my Valid Windows Licence

prowla wrote: »

The media itself is supposed to be bootable, it is not within it's scope for you to "make" anything with it. If I needed another computer or indeed anything else to use the recovery media it would be pretty pointless for the majority of consumers.

How long have you worked for M$ ?

Hope nothing happens to your computers because you are going to be knackered lol

prowla wrote: »

There is no reason why the recovery media itself cannot be a USB key,

Sorry to upset you again but the Recovery CDs offer no option for this and the third party apps do not work with Recovery CDS

prowla wrote: »

Just because a practice is widespread and tolerated does not mean it is legal.

No god forbid there are people like me who help people without using pirated serials, Christ the world would end

prowla wrote: »

Having a valid licence does't mean its valid for the version of windows you are installing, even if activation works.

LOL oh my hearts bleeding

debitcardmayhem

The_Safordian wrote: »

Originally Posted by prowla
There is no reason why the recovery media itself cannot be a USB key,

Sorry to upset you again but the Recovery CDs offer no option for this and the third party apps do not work with Recovery CDS

Errm yes they do (edit I meant third party not the recovery cds)

buglawton

A computer operating system that cannot easily be disaster-recovered is not fit for purpose. Maybe as a result of MS vs Comet, a new law will be passed forcing OS suppliers to also supply proper recovery disks.